› Forums › The Professionals › Confidentiality in regards to dealings with Strata Managers › Current Page
@OverIt said:
Everyone is protected under the Privacy Act, sensitive information includes your name, if you are concerned there has been a reputation damage I would be lodging a complaint https://www.oaic.gov.au/privacy/making-a-privacy-complaint
I beg to differ. There is no constitutional right to privacy under Australian law although there are specific legal restraints on, for instance, recording people’s conversations without their knowledge or passing on their email addresses to others.
The Privacy act alluded to basically only applies to government handling of your information plus organisations that have agreed to a set of privacy protocols. This is what the website you have quoted says:
The Privacy Act does not regulate the way that personal information is handled by individuals and some small businesses. Additionally, different privacy regimes exist in some states and territories, which regulate the way state and territory government agencies handle information.
And this is what the NSW Information and Privacy Commission website says:
The Government Information (Public Access) Act 2009 (GIPA Act) applies to NSW government agencies. It does not directly apply to organisations in the private sector…
ALSO
Private sector organisations are not covered by the NSW Privacy and Personal Information Protection Act 1998 (PPIP Act),…
ScotlandX is absolutely right. By writing to the strata manager you are effectively writing to the Owners Corporation and its members – ie, all owners – are entitled to know what you are saying. It’s like writing to your bank manager and thinking they won’t pass it on to head office.
That’s not to say the Strata Manager couldn’t have handled this better but when it comes down to it, they have a duty to report to the EC any correspondence to them regarding the strata scheme.
As I said, there are certain areas that are covered by specific legislation – like health records, tax files and email addresses – but general correspondence is not.
